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Path to Joint Custody? 18 April announcement 4月18日発表

Without joint custody as the norm, I don't believe changes will be any more than cosmetic and temporary. Parents will continue to abduct children and refuse to give the other parent custody and access.

私見ですが、共同親権が主流にならなければ、どのような変化も表面的で一時的なものに過ぎないように思います。親は子供を誘拐し、もう一方の親に親権とアクセス権を与えることを拒否し続けるでしょう。


Joint custody is one of the solutions to this problem, but not the only solution. Until abductions are criminalised and parenting time for both parents ensured, the children of Japan will continue to suffer.

共同親権はこの問題に対する解決策の一つではあるが、唯一の解決策ではない。拉致が犯罪化され、両親の育児時間が確保されない限り、日本の子どもたちは苦しみ続けるでしょう。


Several articles have been written about the 18th of April announcement that the Family Law Review Subcommittee has decided to remove sole custody as one of the three options presented in the Interim Draft.


The Interim Draft was published and was opened for public comment in mid November 2022. Justice Ministry panel puts forward option of joint custody for divorced parents | The Japan Times


The public comments closed on February 17, 2023, and I have heard on good authority that they received over 8,000 proposals.


One of those proposals was written by myself and another Aussie LBP, Michael Cohen. It can be found here:



This week's announcement can be found in the following articles:

今週のお知らせは、以下の記事でご覧いただけます:




If the Interim Proposal is consulted, it can be seen that three options regarding custody were suggested. It appears from this week's articles that Option O has been discounted as an option.


In our submission we wrote, 'We agree with Option K.1 that both parents as a general rule should have parental authority.'



Notes:

Interim Proposal

Option K

Article 819 of the Civil Code – which sets out a requirement for one parent to be granted parental authority after a divorce – should be revised, and rules established for both parents to have parental authority after a divorce.


Option O

Article 819 of the Civil Code should be maintained, such that only one parent shall be granted parental authority after divorce.


Option K.1

It should be a general rule that after parents divorce, both will be assigned parental authority. Parental authority may be assigned to just one parent only when certain conditions are met, as a result of consultation between the parents or by order of the Family Court


Option K.2

It should be a general rule that after parents divorce, one parent will be assigned parental authority. Parental authority may be assigned to both parents only when certain conditions are met, as a result of consultation between the parents or by order of the Family Court




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